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You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Dursan v J Sainsbury Plc [2015] EWHC 233 (QB) (12 February 2015) URL: http://www.bailii.org/ew/cases/EWHC/QB/2015/233.html Cite as: [2015] EWHC 233 (QB) |
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JUSTICE
QUEEN'S BENCH DIVISION
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B e f o r e :
JUSTICE
JEREMY
BAKER
____________________
Selda ![]() | Claimant |
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- and - |
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![]() ![]() ![]() ![]() |
Defendant |
____________________
Mr Peter Freeman (instructed by Berrymans Lace Mawer) for the Defendant
Hearing dates: 26 and 27 January
2015
____________________
VERSION
OF
JUDGMENT
Crown Copyright ©
Claimant's expert Mr Wilson-Law
i. 17.39.04 the PSV comes to a halt in the area of the bus stop in the inside lane;ii. 17.39.07 passengers alight from the PSV;
iii. 17.39.12 the LGV, having moved forward, comes to a halt in the outside lane;
iv. 17.39.14 a figure, assumed to be the deceased, begins to move from the edge of the nearside kerb and into the inside lane;
v.
17.39.15 the figure momentarily obscures the nearside light cluster of the PSV;
vi.
17.39.17 the figure momentarily obscures the offside light cluster of the PSV and then passes out of
view;
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vii.
17.39.19 the LGV begins to move forward;
viii.
17.39.25 the LGV comes to an abrupt stop.
Defendant's expert Mr Jennings
i. 17.39.04 the PSV stops;
ii. 17.39.06 the LGV moves forward;
iii. 17.39.07 PSV passengers start to alight;
iv. 17.39.12 the LGV stops;
v.
17.39.12-14 a figure, assumed to be the deceased, is standing on the nearside footway in the
vicinity
of the rear of the PSV;
vi.
17.39.15 the figure crosses the kerb edge and then obscures the nearside light cluster of the PSV;
vii.
17.39.17 the figure obscures the offside light cluster of the PSV and then is situated at the nearside corner of the LGV when its rear brake lights are extinguished;
viii.
17.39.18 approximately the LGV starts forward.
i. A Class II mirror situated on the nearside corner of the cab, which is a plain rearview
mirror affording a
view
along the nearside of the
vehicle;
ii. A Class IV mirror situated on the nearside corner of the cab, which is a convex rearview
mirror affording a wider angled
view
along the nearside of the
vehicle;
iii. A ClassV
mirror situated on the nearside corner of the cab, which is a convex mirror affording a
view
of the blind spot area immediately adjacent to the nearside cab door;
iv. A ClassVI
mirror situated on the nearside corner of the cab, which is a convex mirror affording a
view
of the blind spot area immediately in front of the
vehicle;
v.
A Class II mirror situated on the offside corner of the cab, which is a plain rear
view
mirror, affording a
view
along the offside of the
vehicle;
vi.
A Class IV mirror situated on the offside corner of the cab, which is a convex rear
view
mirror affording a wider angled
view
along the offside of the
vehicle.
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"You should ensure that you're constantly aware of what's happening around you ..you should check for pedestrians, cyclists or motorcyclists who may be directly in front of thevehicle
but out of your normal field of
vision,
especially at pedestrian crossings in slow moving traffic",
there is no single recommended order in which mirrors should be checked or the time required to undertake those checks.
"Rules for Pedestrians
Rule 3
Help other road users to see you. Wear or carry something light-coloured, bright or fluorescent in poor daylight conditions. When it is dark, use reflective materials (e.g. armbands, sashes, waistcoats,jackets,
footwear), which can be seen by drivers using headlights up to three times as far away as non-reflective materials.
Rule 7
A. First find a safe place to cross and where there is space to reach the pavement on the other side. Where there is a crossing nearby, use it. It is safer to cross using a subway, a footbridge, an island, a zebra, pelican, toucan or puffin crossing.
Rule 14
Parkedvehicles.
If you have to cross between parked
vehicles,
use the outside edges of the
vehicles
as if they were the kerb. Stop there and make sure you can see all around and that the traffic can see you. Never cross the road in front of, or behind any
vehicle
with its engine running, especially a large
vehicle,
as the driver may not be able to see you.
Rule 17
At night. Wear something reflective to make it easier for others to see you (Rule 3). If there is no pedestrian crossing nearby, cross the road near a street light so that traffic can see you more easily.
General Rules for drivers
Rule 152
Driving in built-up areas Residential streets. You should drive slowly and carefully on streets where there are likely to be pedestrians, cyclists and parked cars. In some areas a 20 mph maximum speed limit may be in force. Look out for
Vehicles
moving off
- Car doors opening
- Pedestrians
- Children running out from between parked cars
- Cyclists and motorcyclists
Rule 159
Before moving off you should
- Use all mirrors to check the road is clear
- Look all round to check the blind spots (the areas you are unable to see in the mirrors)
- Signal if necessary before moving out
- Look round for a final check
- Move off only when it is safe to do so."